National Interest Waiver Case Successes

Quantitative Social Work Found to be in the National Interest Social workers are often thought of as warm and caring, less often as expert data analysts. However, our client was the second as well as the first, and it was on this basis that she sought a National Interest Waiver. We submitted a detailed response to an RFE arguing that the ability to derive meaning from data on patient populations is as valuable as direct patient care. The USCIS was persuaded, and our client’s case was approved.

NIW Success Helps Indian National Achieve Career Goals One of our previous clients, now an established science researcher, sent his former post-doctoral student to us for assistance. The post-doc was earning a living as a pharmacist, and his employer had filed a permanent residence case on his behalf However, his heart was in research and indeed, he had had some documented accomplishment there. So, when a research job opened up with the post-doc’s former supervisor, he wanted to move to the new position -- although it meant abandoning the pending green card case.

Since there was no institutional sponsor available for the research position, we filed an NIW case based on the post-doc’s past accomplishments. The I-140 was approved less than two months later and we were able to recapture the priority date of the previous permanent residence case that had been pending. We are pleased to have helped this client towards a fulfilling research career in the United States.

NOID in NIW Case Overcome We received a Notice of Intent to Deny an NIW case. The USCIS questioned, among other things, whether someone who worked in private industry was conferring a benefit to the nation as a whole. We addressed the adjudicator’s concerns by presenting persuasive evidence that our client’s employer served national purposes. The response to the NOID was speedy, and positive.

Prospective Benefit a Strength in NIW Case In a recent case, our client was a neuroscience researcher with a moderately strong record. One of its features was the directionality it showed towards increasing impact. We emphasized this aspect of the evidence to the USCIS, which approved the case without a request for further evidence.

Speedy NIW Case Approval A fertility specialist recently came to us for assistance with his NIW case. We pursued a strategy of sound science explanation and well-organized evidence, which paid off with an approval within the month.

NIW Approved Without RFE We recently received an NIW approval notice on behalf of an Indian national who was a molecular biology researcher. We thoroughly interviewed her and authorities with whom she worked to identify her primary role in notable research. This and her citation record made for an approvable case. We structured the information so as to best show her relatively great impact in the field, and the immigration service agreed with our firm.

NIW Approval for Chemist: Beyond Impact in the Field A recent client of ours was a synthetic organic chemist with a strong patent and publication record. He therefore had an approvable EB-2/National Interest Waiver case, which requires documented impact in the field. A nice feature of this category is that it allows for self-sponsorship, so no offer of employment is necessary. However, the individual must be able to show continuing activity in his or her field. After putting in some extra effort to demonstrate our client‘s situation did meet all requirements for the category, we received word that his NIW case had been approved. We were happy to be of service to a talented chemist, and to the prestigious university department where he does research.

NIW I -140 Approval for Structural Engineer We upheld our excellent record of NIW approvals in a recent case on behalf of a structural engineer. We received a Request for Further Evidence to show he had had some impact on his field as a whole. Thorough investigation of our client's academic background yielded evidence that his work did have an effect on the field, which the case adjudicator agreed was sufficient to warrant approval.

NIW Approval for Science Researcher We had a client with experience researching West Nile Virus, who wished to gain permanent residence on that basis. However, he was only at the postdoctoral stage of his career and did not have an offer of a tenure-track or full-time research position. When we noted that his record contained publications in some of the most widely-read journals in science, we filed a National Waiver Interest (NIW) case on his behalf. The USCIS agreed that this showed impact on the field as a whole, and his case was approved.

For a Scientist with Many Options, NIW was the Easiest Route Our client was a researcher with a very strong record of accomplishment in nanomaterials. His potential options were EB-1A (Extraordinary Ability), EB-1B (Outstanding Researcher, an employer sponsored category) and the EB-2 National Interest Waiver (NIW). EB-1A and the NIW are particularly attractive options because they allow the applicant to self-petition. This kind of case often takes less time to prepare than an employer-sponsored option, because fewer parties are involved.

The documentary requirements for the EB-2 NIW impose less of a burden on the applicant than those for the EB-1A. Had our client been a national of India or China, the NIW would have entailed a significant delay because of visa backlogs in the EB-2 category. In this case, the fastest and easiest route was the NIW, and our client’s I-140 Petition for Immigrant Worker was approved without any additional Request for Evidence (RFE).

NIW Approval for a Post-Doc in a New Field Our client was a post-doctoral scientist who had recently moved to a new area of research. The EB-2 National Interest Waiver (NIW) is a very good option for early career researchers, as it requires showing only “some” impact on the field, not being at the very top of the field.

We helped this individual to gain approval by showing a pattern of achievement as a whole plus recent achievements in his current field of research. We backed up his recent achievements with letters providing context for the change in focus, and the researcher’s I-140 was approved without an RFE.

Sound Strategy Leads to Speedy NIW Approval A researcher came to us shortly before submitting a first-authored publication to a highly prestigious journal. Because the journal had a very high international profile, the paper’s acceptance would be a clear indication of this individual’s impact in his field. We waited to file his EB-2 National Interest Waiver (NIW) case until the paper was accepted, and included a letter from one of the journal’s editors explaining the importance of our client’s contribution.

We received a Request for Evidence (RFE) in a matter of weeks asking for evidence of prior citations, which we were easily able to provide. His I-140 Petition for Immigrant Worker was approved less than a month later.

NIW Success and Priority Date Recapture for an Indian National A previous client, now an established science researcher, sent his former post-doctoral student to us for assistance. The post-doc was earning a living as a pharmacist, and his employer had filed a permanent residence case on his behalf. Approved in the EB-3 category, he faced a long wait for a visa due to the per-country limits. While waiting, he realized that his heart was in research, where he actually had some documented accomplishments.

When a research job became available with the post-doc’s former supervisor, he decided to move to the new position even though it meant abandoning the pending Green Card case. Since there was no institutional sponsor available for the research position, our client was not eligible for the EB-1B category. However, we were able to develop an EB-2 National Interest Waiver case based on his past accomplishments. His I-140 was approved less than two months later and we were also able to recapture the priority date of the previous permanent residence case that had been pending.

The move from EB-3 to EB-2 significantly shortened his path to permanent residence. We are pleased to have helped this client towards a fulfilling research career in the United States.